Merit Systems Protection Board Lawyers for Federal Employees

When federal employees have an illegitimate adverse action taken against them by their employers, like demotions or firings, they are usually able to appeal to the Merit Systems Protection Board (MSPB). If a federal employee qualifies as someone with appeal rights, they can go through the process of filing an appeal. This process goes through several stages before a decision is handed down. MSPB decisions are capable of reversing certain personnel actions as well as recovering financial losses for the appellant.

If a federal employee decides to go through the MSPB appeal process, they must first fill out and submit Form 185, which is used to file for the appeal. If the federal employee fails to submit this form within 30 calendar days of the action they are disputing, their appeal may no longer be valid. After this form is filed, an MSPB judge will send both the federal employee, who is now the appellant, and the federal employer an “Acknowledgment Order”, which officially establishes that the appeal process in underway. Later, there is a period of time granted to the federal employer to appoint a representative and compile information helpful to their case.

After the federal employer has a chance to form their case, a timeline will be set in place by the Merit Systems Protection Board judge for the hearing. The hearing stage of the appeal takes place over the course of several days; it consists of days specified for submitting information, a day for a pre-hearing conference, and the hearing itself. In the hearing, both the appellant and the employer will make their case in a structured environment before the judge.

Finally, usually in a period between one and three months, the MSPB judge will release their decision to both parties. If the appellant is unsatisfied with the judge’s decision, they can go through the process of filing another appeal to the Federal Court of Appeals, which is somewhat similar but far more complicated.

In order to determine whether or not you may have a valid MSPB case, we suggest you contact anMSPB Lawyer for an initial consultation.